Article 79 has not been of great practical importance, since the threshold imposed by article 791 to exempt the obligor is high and parties have rarely succeeded. University of cologne, cologne 2012 bianca, cesare massimo bonell, michael joachim commentary on the international sales law dott. Whether youve loved the book or not, if you give your honest and detailed thoughts then people will find new books that are right for them. Exemptions under article 79 of the vienna sales convention jstor. An alternative approach is to construe article 4 of the cisg narrowly in light of article 7, the legislative intent of the cisgs drafters, and the except as otherwise expressly provided clause in article 4a. Harry flechtner, article 79 of the united nations convention on contracts for the international sale of goods cisg as rorschach test. Article 79 impediment excusing a party from damages. Guide to article 79 institute of international commercial law. In other words, an exemption if granted is only an exemption from liability. The homeward trend and exemption for delivering nonconforming goods, 19 pace intl l.
Only force majeure events under article 79 of the cisg or contributory fault by the buyer pursuant to article 80 of the cisg may release the seller, respectively, from damages or full liability. In the second edition of his book, heuze added that the consequence of exoneration of. Electronic library on international commercial law and the cisg. Since article 70 draft counterpart to cisg article 74 is applicable to claims for damages by both buyer and the seller and these claims may arise out of a wide range of situations, including claims for ancillary damages to a request that the party in breach perform the contract or to a declaration of. Citations to antecedents contained in the secretariat commentary are the primary guide to this matchup of antecedents. In spite of all of the literature on the cisg cited above, there is a lack of a clear and simple exposition of the text. In this table of contents, each article listed is accompanied by descriptors that identify its contents. For this reason, the cisg buyer need not distinguish between cases where his seller is the manufacturer and cases where his seller obtains the goods from others.
Ziegel canada comments on article 79 by denis tallon france in 1987 biancabonell commentary on the international sales law. This view is based on the understanding that the cisg is an. However, circumstances are, when a supervening event, which was not within the contemplations of both. This comment adopts this approach for the analysis of smart contract validity under the cisgs provisions. What does the cisg have to say about smart contracts. The impediment of nonconformity of goods, as an excuse under. United nations commission on international trade law uncitral yearbooks. This practicallyoriented, articlebyarticle commentary on the cisg will be useful to legal practitioners, counsel and arbitrators dealing with international sales contracts. May 17, 2011 this book is intended to fill this gap and to supplement the few existing commentaries by a truly international work which takes into account the various legal settings in which the cisg is applied. In the final analysis, article 791 of cisg is illsuited to solving cases of commercial impracticability.
The commentary on each article is accompanied by extracts from cases and associated comparative materials, as well as references to important trade usages. It has been widely applied in international commercial transactions in the past twenty years. Ulisulfcisg, for matchup of ulf and ulis provisions with this article of the cisg. A giuffre editore, milan 1987 cisg advisory council rapporteur. Insofar as no specific above mentioned circumstances speak for a shorter or longer period, one has to start from a total period of approximately 14 days for the examination and notice. Article 79 3,000 cases 10,000 case annotations uncitral digest cases for article 79 plus added cases for this article. This book is intended to fill this gap and to supplement the few existing commentaries by a truly international work which takes into account the various legal settings in which the cisg is applied. More than 1,700 decisions by state courts and arbitral. This book is the first comprehensive analysis of the scope and role of the exemption clause in article 80 of the international sales convention cisg. Article 4 of the cisg categorically states that the subject matter of the cisg is restricted to. Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit. Article 795 makes it particularly clear that nothing in article 79 prevents a party from exercising any right other than to claim damages under this convention. Effects of the homeward trend on the interpretation of cisg article 79 1.
Pdf the united nations convention on contracts for the. Pursuant to article 791 cisg, a party is not liable for a failure to perform any of his. Lamaud, emmanuel, comparison between the central list and. The cisg convention and thomas francks theory of legitimacy. Article 79 of the united nations convention on contracts. The cisg united nations convention on contracts for the international sale of goods is a treaty that aims for a uniform international sales law. In spite of all of the literature on the cisg cited above, there is a. The united nations convention on contracts for the international sale of goods cisg is generally perceived as a successful example of unified law with 62 contracting states so far. Pdf the treatment of cisg article 79 in german courts. Written for international trade lawyers, practitioners and students from common and civil law countries, this casebook is an excellent starting point for learning about the cisg, providing an articlebyarticle analysis of the convention.
An aid to determining whether interpretations of antecedents to the cisg can be relevant to the interpretation of this article. Other readers will always be interested in your opinion of the books youve read. That brings us to the particular value of the book that prof. The cisg has been ratified by 89 states, which together account for over threequarters of all world trade. Electronic library on international commercial law and the. Apparently its simplicity was more attractive than the model of article 79 cisg. To what extent does article 79 of cisg excuse liability for non performance. The fundamental underpinning of any international business contract is pacta sunt servanda, the assurances of the performances of the contract as agreed. Commentary on cisg article 81 and counterpart provisions of the principles of european contract law february 2003 mazzotta, francesco g. Work on a uniform law for international sale of goods began as early as 1935 under the auspices of the international institute for the unification of private law unidroit. Thus, the cisg contributes significantly to introducing certainty in commercial exchanges and decreasing transaction costs. The secretariat commentary is on the 1978 draft of the cisg, not the official text, which renumbered most of the articles of the 1978 draft. Texts of the cisg institute of international commercial law. The intent is to present each official text and texts of the cisg in each of the languages into which it has been translated.
Whether a seller delivering nonconforming goods may claim exemption of liability for damages under cisg article 79 was an issue addressed at the hague conference in 1964, in connection with the drafting of article 74 of ulis the counterpart to cisg article 79. Ulisulf cisg, for a matchup of ulf and ulis provisions with this article of the cisg. Calculation of damages under cisg article 74 opinion black letter text comments annex. This paper will discuss only the terms of the hardship, expressed by its article 79 of the convention, which reads in. Can a change of circumstances qualify as an impediment.
Can a change of circumstances qualify as an impediment under. Cisg article 79 constitutes the necessary limitation to the strict liability principle for nonperformance of a contract which underlies the other provisions of the cisg. Scholarly commentary on articles of the united nations. The effect of an impediment on avoidance has already been noted.
Ziegel canada comments on article 6 by michael joachim bonell italy in 1987 biancabonell commentary on the international sales law. The leading and definitive commentary on the cisg frequently cited by tribunals and courts all over the world. It is most difficult for a court to transcend its domestic perspective and become a. Commentary affirms, without justifying its position, that article 79. Nov 29, 2018 an obligor will be exempt from paying damages, but not from other remedies for nonperformance, in accordance with article 791.
Commentary on the international sales law 1987 art. Introduction much recent discourse in the international arena has focused on globalization and interdependence. Article 65 draft counterpart of cisg article 79 governs the extent to which a party is exempted from liability for a failure to perform any of his obligations because of an impediment beyond his control. Uncitral has identified relevant cases in digests containing case annotations for each article of the cisg. Secretariat commentary closest counterpart to an official commentary guide to the use of this commentary. You may access the annotated text of each article of the cisg by scrolling the table of contents to the cisg presented below. In the secretariats commentary on the draft76 closest counterpart to an official.
Cisg convention and thomas francks theory of legitimacy 19. Article 791 requires that because of an unforeseeable impediment beyond the obligors control, the obligor is not able to perform the obligors obligation under the contract. The reasonable period pursuant to article 39 cisg has to be adapted according to the circumstances. Article 79 of the united nations convention on contracts for. Article 12 draft counterpart of cisg article 14 states the conditions that are necessary in order for a proposal to conclude a contract to constitute an offer. Besides being novel, the system set forth in article 79 is also unitary in. Feasibility of covering values in transnational commercial.
Written by three scholars from six different countries, the book represents the best analyses of cisg cases available anywhere. Pdf this article analyzes the treatment of cisg article 79 by the german courts. The chapters that follow provide legal counsel with easy, organized access to key, legal case abstracts drawn from multiple jurisdictions and valuable, summary comments on each article of the cisg. The interpretive turn in international sales law 24. Cisg article 79 1 a party is not liable for a failure to perform any of his obligations if he proves that the failure was due to an impediment beyond his control and that he could not reasonably be expected to have taken the impediment into account at the time of the conclusion of the contract or to have avoided or overcome it or its consequences. Basic overview and scope of the cisg desi kanoon law. This topic will discus the requirements listed in article 79 of the cisg. This assumes that the parties are unaware of article 11b of the cisg and its potential application in singapore and are also unaware of the fact that they may exclude the cisg entirely if they so wish and that they would therefore be able to choose singapores domestic law without the cisg even if there were no reservation under article 95. Nor has german law followed the vienna convention in this respect. The cisg convention and thomas francks theory of legitimacy anthony s.
The book accounts for the historical background of article 80, the relation to other provisions article 77 and article 79, the underlying principles, and the connection to good faith. Citations to antecedents contained in the secretariat commentary are the primary guide to this matchup of. United nations convention on contracts for the international. Therefore, it has been argued that a change of circumstances should qualify. Previous writing has seen me overextend an example of this regarding the application of article 40 cisg to article 392 cisg, where a cietac case and a stockholm arbitration case both relied on general principles in the deciding of an issue which could be decided on a plain meaning interpretation of the text. Text of the secretariat commentary on article 12 of the 1978 draft draft counterpart of cisg article 14 offer prior uniform law ulf, article 4. Besides being novel, the system set forth in article 79 is also unitary in the. United nations convention on contracts for the international sale of goods, u. The challenge of the islamic state the challenge to international peace and security posed by the socalled islamic state has dominated international headlines for months. Any provision of article 11, article 29 or part ii of this convention that allows a contract of sale or its modificationor termination by agreement or any offer, acceptance or other indication of intention to be made in any form. As i already wrote elsewhere, the sources on vienna convention are vast, both general and special. The secretariat commentary on article 65 of the 1978 draft is quoted below with the article references contained in this commentary conformed to the numerical sequence of the official text, e.
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